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by Charles Fried

Download Saying What the Law Is: The Constitution in the Supreme Court fb2, epub

ISBN: 0674019547
Author: Charles Fried
Language: English
Publisher: Harvard University Press (September 6, 2005)
Pages: 336
Category: Constitutional Law
Subcategory: Law
Rating: 4.8
Votes: 292
Size Fb2: 1621 kb
Size ePub: 1703 kb
Size Djvu: 1622 kb
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Charles Fried is a prominent American jurist and lawyer. From September 1995 until June 1999, Fried served as an Associate Justice of the Supreme Judicial Court of Massachusetts, while teaching constitutional law at Harvard Law School as a Distinguished Lecturer

Charles Fried is a prominent American jurist and lawyer. He served as United States Solicitor General from 1985 to 1989. He is currently a professor at Harvard Law School. From September 1995 until June 1999, Fried served as an Associate Justice of the Supreme Judicial Court of Massachusetts, while teaching constitutional law at Harvard Law School as a Distinguished Lecturer. Prior to joining the court, Fried held the chair of Carter Professor of General Jurisprudence at Harvard Law School. On July 1, 1999, he returned to Harvard Law School as a fulltime member of the faculty and Beneficial Professor of Law.

Fried, Charles, 1935-. Books for People with Print Disabilities. Constitutional & administrative law, Legal Reference, Law Profession, Law, USA, Constitutional, Courts - Supreme Court, Law, Constitutional, United States. ENCRYPTED DAISY download. Internet Archive Books. Uploaded by Tracey Gutierres on July 13, 2012.

Fried claims early in the book that it is not a work of history or philosophy but an. Constitutional and Administrative Law In the UK, the constitution claims to be democratic in that it aims to ensure that the government's.

Fried claims early in the book that it is not a work of history or philosophy but an understanding of the topic of constitutional law. He provides an analysis on the practices or ways of thought that influence judicial opinions. Charles Fried introduces the reader to doctrine theory, then does a complete job of analyzing his ideas, constitutional doctrine from the beginning, Marbury v. Madison, through to current issues, Grutter v. Bollinger. Constitutional and Administrative Law In the UK, the constitution claims to be democratic in that it aims to ensure that the government's authority is derived from the consent of the people.

In a few thousand words the Constitution sets up the government of the United States and proclaims the basic human and political rights of its people. From the interpretation and elaboration of those words in over 500 volumes of Supreme Court cases comes the constitutional law that structures our government and defines our individual relationship to that government.

Ultimately, as point out, the US Supreme Court is the highest court, but really only for matters of both state and federal issues. The US Supreme Court will not decide matters under a state constitution, state law, or state procedural laws. Those are always reserved to the state courts, unless there is a companion federal issue attached. 208 views · View 3 Upvoters. Related QuestionsMore Answers Below

Fried, Charles; Harvard, 2004. What type of media is this winner?: Book. Winner Detail Create Date: Thursday, September 23, 2010 - 07:28.

Fried, Charles; Harvard, 2004. Title of a book, article or other published item (this will display to the public): Saying what the law is: the constitution in the Supreme Court. ISBN of the winning item: 0674013026.

Fried is the author of nine books and over 30 journal articles, and his work . Saying What the Law Is: The Constitution in the Supreme Court (2004)

Fried is the author of nine books and over 30 journal articles, and his work has appeared in over a dozen collections. YouTube Encyclopedic. HLS Library Book Talk Charles Fried's 'Contract as Promise: A Theory of Contractual Obligation'. HarvardX for Allston: From Trust to Promise to Contract with Charles Fried. Presidential Power in an Era of Polarized Politics: Charles Fried & Nolan McCarty. Saying What the Law Is: The Constitution in the Supreme Court (2004). Making Tort Law: What Should Be Done and Who Should Do It (with David Rosenberg) (2003).

If it is added to AbeBooks by one of our member booksellers, we will notify you! Create a Want. ISBN 10: 0674019547 ISBN 13: 9780674019546 Publisher: Harvard University Press, 2005 Softcover.

Cambridge, MA: Harvard University Press, 2004. - James R. StonerJr. Common-Law Liberty: Rethinking American Constitutionalism. Lawrence, KS: University Press of Kansas, 2003. Published online by Cambridge University Press: 13 April 2010.

Charles Fried is the ideal guide for the nonspecialist who wants to understand the decisions of the Supreme Court

Charles Fried is the ideal guide for the nonspecialist who wants to understand the decisions of the Supreme Court. The book's brilliant exposition ranges from the fundamental principles of constitutional law to the Court's most recent landmark cases. That said, and despite the fact that I have no professional background in law, I did not find the book above me at all. Some of the concepts-like stare decisis-were still familiar to me from either some lower division government survey course I'd taken once (or possibly some novel); other concepts, such as the difference between substantive and procedural due process, were new.

In a few thousand words the Constitution sets up the government of the United States and proclaims the basic human and political rights of its people. From the interpretation and elaboration of those words in over 500 volumes of Supreme Court cases comes the constitutional law that structures our government and defines our individual relationship to that government. This book fills the need for an account of that law free from legal jargon and clear enough to inform the educated layperson, yet which does not condescend or slight critical nuance, so that its judgments and analyses will engage students, practitioners, judges, and scholars.

Taking the reader up to and through such controversial recent Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Charles Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.

Fried draws on his knowledge as a teacher and scholar, and on his unique experience as a practitioner before the Supreme Court, a former Associate Justice of the Supreme Judicial Court of Massachusetts, and Solicitor General of the United States to offer an evenhanded account not only of the substance of constitutional law, but of its texture and underlying themes. His book firmly draws the reader into the heart of today's constitutional battles. He understands what moves today's Court and that understanding illuminates his analyses.

Comments:

Little Devil
great read
Aurizar
great read
GoodBuyMyFriends
I'm not a lawyer, but I am a citizen of the United States and, as such, I have a vested interest in Constitutional law. Perhaps the same is true of you. If so, you might want to read this book, but read on before coming to that decision.

Charles Fried's "Saying What the Law Is," is a look at the development and current state of Constitutional 'doctrine' in a variety of areas, along with Fried's own analysis as to whether or not the current doctrines are strong and likely to last, or whether they may amount to an abberation, subject to overturn at some future date.

The book is very scholarly, and I had to proceed slowly--some might take this as a drawback. On the other hand, I wonder how worthwhile such a book would be if it were *not* scholarly, *not* requiring a person to stop, consider and reflect as he read? I suspect that any analysis of Constitutional law worthy of its subject will require a bit of application in the reading. The subject is comprised, after all, of weighty matters, debated over hundreds of years, by incredibly learned men and women. If we have to spend a few minutes more digesting the topics and arguments, that's no knock on Fried and his write-up.

That said, and despite the fact that I have no professional background in law, I did not find the book above me at all. Some of the concepts--like stare decisis--were still familiar to me from either some lower division government survey course I'd taken once (or possibly some novel); other concepts, such as the difference between substantive and procedural due process, were new. However, Fried writes intentionally for the layman, and so he explains as he goes. Of course, you have to have a healthy background and interest in certain topics--such as American politics and history and such--to truly appreciate a book like this in context... but then, who, without such a background and interest would be looking at this book in the first place? :)

In all, I really enjoyed and appreciated this book. The reading, which could have been frightfully dull, was unexpectedly interesting, especially as Fried peppers his analysis with some personal judgements, some of which are fairly highly-charged. Beyond that, though, the topic has an internal, compelling interest about it--the Constitution is the foundation and framework for the government of my country, and it has stood (often by itself) as a bulwark for the freedoms and liberties that I enjoy in my own life. The Constitution can only do that, however, if it is correctly applied by those encharged to do it--the Supreme Court. While Fried rarely ventures to say what doctine amounts to a "correct" application of the Constitution, and what does not, the arguments discussed revolve around that battle. In short, it is fascinating and often frightening to see how, where and why our liberties are either upheld or abridged, and to try to understand both sides of every argument.

Fried does his job in presenting those arguments, and helping us to understand the various sides.

This book is certainly not for everyone, but if you are the right person--someone with an interest in law, politics, history, etc., and with a sufficient education to be able to understand a mature, scholarly discussion of those topics... then this book might well be for you. The tone runs a bit clinical, at times, but then the topic demands it; it is actually much more humorous and emotionally-written than I had expected it to be.

A worthy treatment of a difficult subject, fun and educational in the reading. What more could be asked?

Five stars.
ChallengeMine
This book is an overview and critique of constitutional doctrine in areas such as federalism, freedom of speech, and equal protection. Fried writes economically, has argued constitutional cases before the Supreme Court, and offers fascinating insights into the nature of constitutional adjudication. However, the reader should know that Fried's analysis is narrowly legal, and almost devoid of historical, biographical, or political context. In fact, the discussion is so abstract that readers without a constitutional law background will have difficulty following the analysis at many points. On the other hand, readers who stay abreast of these issues will enjoy the book. (I'm a former lawyer.)

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